Appeal against interim award in motor accident claim case. Court recalculated dependency and compensation to Rs. 5,42,080/- allowing the appeal by enhancing pecuniary and non-pecuniary damages. Interest enhancement prayer rejected.
Indexed compensation enhanced to Rs. 5,42,080/- including non-pecuniary damages with interest at 6%.
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Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 3996 of 2012
Appellant :- Smt. Lala Devi And Others Respondent :- U P.S.R.T.C. And Others Counsel for Appellant :- Mohd. Naushad Siddiqui,Prakhar Tandon
Counsel for Respondent :- Amit Manohar,Mritunjay Mohan Sahai
Hon'ble Vivek Agarwal,J.
applicable in place of 15, applied by learned tribunal, taking total pecuniary compensation to Rs. 4,72,080/- (four lakhs seventy two thousand eighty rupees). Over and above which, claimants are entitled to a sum of Rs. 70,000/- (seventy thousand rupees) under the head of non-pecuniary compensation, taking total compensation to Rs. 5,42,080/- (five lakhs forty two thousand eighty rupess) against a sum of Rs. 1,57,000/- (one lakh fifty seven thousand rupees) awarded by learned tribunal. Therefore, there will be an addition of Rs. 3,85,080/- (three lakhs eighty five thousand eighty rupees), which will also earn interest @ 6% from the date of filing of the claim petition.
Order Date :- 4.2.2021 Vikram/-
3 issues framed by the court
Whether the Motor Accident Claims Tribunal arbitrarily assessed the deceased's income at Rs. 15,000/- per annum.
Whether the appellate court is entitled to enhance the claim based on revised dependency calculations.
Whether the rate of interest can be enhanced as a matter of right.
Colour shows how this judgement treated each authority
Smt. Sarla Verma and others vs. Delhi Transport Corporation and anotherRelied on¶9
Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 · Who else cites this
Smt. Lala Devi And Others
U P.S.R.T.C. And Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
